Study for the Bar in Your Car

Torts - Assumption of Risk


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Tune into Episode 18 of the Study for the Bar in Your Car podcast as AI hosts Claude and Ma expertly guide you through the intricate defense of assumption of risk. This vital negligence concept explores how a plaintiff's knowing and voluntary encounter with a specific, appreciated danger can significantly impact a defendant's liability. You'll gain clarity on how this defense operates within modern pure and modified comparative fault systems, which often reduce rather than completely bar recovery. The episode also illuminates the 'no duty' or 'primary assumption of risk' rule, explaining how inherent dangers in certain activities, such as bumper cars, mean the defendant owes no duty to prevent those specific, commonly understood risks. Importantly, you'll understand why the question of whether a plaintiff assumed a risk is typically a question of fact for the jury, seldom decided by a judge via summary judgment, even with minimal contradictory evidence. All these complex legal principles are drawn from Angela's meticulous notes. The hosts also share an update on Angela's own bar exam journey, referencing the 'bar exam plot twist' bonus episode where she shared her pivot to the Marshall Islands Bar Exam. Prepare to deepen your understanding of tort law with this essential exploration. Listen now to get ahead in your bar preparation and consider subscribing for more expert insights.

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Study for the Bar in Your CarBy Angela Rutledge, LLM, LLB